Legal Question in Criminal Law in Nebraska

legal search warrant procedures

if you rent a house and a roomate parks a camper on the property but you can proove that you have never had access to it. and you get served a felony search warrant, looking for meth/meth lab, and the only lab was in camper can it be pinned on the renter even though he had no knowlage and no access?


Asked on 5/26/03, 2:30 am

1 Answer from Attorneys

William Jones William P. Jones, Attorney-at-Law

Re: legal search warrant procedures

Whether the other renter can be held criminally responsible will depend on whether they aided, abetted etc., assuming no access or participation in the meth lab, or possession.

This is quite dependent on the facts, and you should not rely on a general answer in a BBS system to make your decisions in your case. You need to speak with an attorney experienced in criminal defense, and specifically in drug related cases.

If you had knowledge of the drug lab or your roomates possession of drugs and permitted it to be stored on property under your control, you have aided and abetted the drug manufacture or possession and will be liable just as if you had operated it yourself. Circumstantial evidence is admissible and enough to support a guilty verdict by a jury, so even if no one testifies that you knew of the drugs/lab, you could still be convicted. Also, if the facts are such that you should have known of the drugs/lab but intentionally kept yourself ignorant of the facts, you may be convicted as well.

There are other factors too numerous to mention in general answer like this, see a criminal lawyer immediately.

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Answered on 5/27/03, 3:11 pm


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